1 N.Y. City Ct. Rep. 438 | New York Marine Court | 1882
The boiler was in the defendant’s possession prior to and at the time of the alleged sale to him by the plaintiff. The price was more than fifty dollars. No part of the purchase-money was paid, and there was no contract in writing signed by either party. The sale was, therefore, void by the statute of frauds, unless the circumstances that the boiler was in the defendant’s possession at the time may be regarded as a delivery and acceptance sufficient to satisfy the statutory requirement in that regard. Upon the trial the
Motion for new-trial denied.